Introduction to China Trademark Registration System
Principle on Trade Mark Protection
China adopts "first-to-file" for trademark protection, and the Trademark Law of China mainly protects the registered trademarks.
If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action.
For un-registered marks, if it has been applied for registration in bad-faith by someone else, the original mark owner can raise opposition against the bad-faith application, but without right to bring litigation.
Further, if an un-registered well-known mark is used by someone else without authorization and/or license, and cause misleading, the original mark owner can raise court action under the Law Against Unfair Competition.
Kinds of Registrable Trade Marks
In China, the term “trademark?includes merely word mark, device mark, 3D mark, color per se mark, and their combination.
In addition, there are special trademarks are enacted and protected, such as “certification mark?and “collective trademark?
4. List of goods/services to be applied, and the class(es);
5. Translation & transliteration of foreign language in the mark;
6. A simply signed Power of Attorney; and
7. Priority document, if any.
Timeframe and Procedure for Application
If an application goes smoothly, the whole registration procedure takes about 18-24 months.
A trademark application in China usually takes about 12-14 months for examination, if there is no any refusal, it will then publish for 3 months for opposition purpose. If no opposition is filed, a registration certificate will be issued within 1-2 months after the end of publication.
Duration and Renewal of Registration
A trade mark registration in China is valid for 10 years from the date of registration, which can be renewed every 10 years, from 12 months before the renewal due date or up to 6 months
after the date expires.
Cancellation System
If a registered trademark has not been actual used in China by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, any third party can apply for revocation to cancel/remove the registration.
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2019/3/26 17:37:38
